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April 21, 2004
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 16-219 - Office of the State Fire Marshal
RULE TITLE OR SUBJECT: Rules of the State Fire Marshal
PROPOSED RULE NUMBER: 2004-P31 through 2004-P40
CONCISE SUMMARY: The following changes are proposed:
Ch. 18, Lightning Protection Code, Repeal without replacement. The rule incorporated NFPA #780, Standard for the Installation of Lightning Protection Systems
Ch. 33, Standard for the Storage of Rubber Tires. Repeal without replacement. The rule incorporated NFPA # 231D, Storage of Rubber Tires, 1998 edition. NFPA 230 and 13, incorporated during previous rulemaking sessions under Rules of the Fire Marshal Office Ch. 4 and 32, provide comprehensive coverage of non-sprinkler and sprinkler related storage fire issues.
Ch. 34, Rules and Regulations for Flammable and Combustible Liquids. Repeal and replace the State of Maine document for Flammable and Combustible Liquids and incorporate by reference NFPA # 30, Flammable and Combustible Liquids Code, 2003 edition; NFPA # 30B, Code for the Manufacture and Storage of Aerosol Products, 2002 edition; and NFPA # 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 edition
Incorporated Reference Updates:
Ch. 3, Fire Prevention Code - NFPA # 1, Uniform Fire Code, 2003 edition (previously titled NFPA Fire Prevention Code)
Ch. 4, Sprinkler Systems - NFPA # 20, Installation of Stationary Pumps for Fire Protection, 2003 edition
Ch. 8, Spray Applications - NFPA # 33, Standard for Spray Application Using Flammable or Combustible Materials, 2003 edition
Ch. 9, Dip Tanks - NFPA # 34, Standard for Dipping and Coating Processes Using Flammable Liquids, 2003 edition
Ch. 13, Welding and Cutting - NFPA # 51B, Standard for Fire Prevention During Welding, Cutting, and other Hot Work, 2003 edition
Ch. 20, Code for Safety to Life from Fire in Buildings and Structures - NFPA 101, Life Safety Code, 2003 edition; NFPA # 80, Standard for Fire Doors and Windows, 1999 edition
Ch. 23, Purged and Pressurized Enclosures for Electrical Equipment - NFPA # 496, Standard for Purged and Pressurized Enclosures for Electrical Equipment, 2003 edition
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 25 MRSA 2452; 32 MRSA 1373, 1374, 1382; 25 MRSA 2482; 8 MRSA 236.
PUBLIC HEARING: 1:00 - 5:00 p.m., Thursday, May 13, 2004. Emergency Medical Services Office, Department of Public Safety, 16 Edison Dr., Augusta, Maine 04333.
DEADLINE FOR COMMENTS: May 23, 2004
AGENCY CONTACT PERSON: Richard E. Taylor
AGENCY NAME: Office of the Fire Marshal
ADDRESS: 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE: (207) 624-8958


AGENCY: 90-429 - Department of Human Services Board of Licensure of Water System Operators
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to the Licensure of Water Treatment and Distribution System Operators
PROPOSED RULE NUMBER: 2004-P98
CONCISE SUMMARY These rule changes change the title of the Rules themselves and increase the fees for licensure examination and renewal for water system operators. The fee increase is needed to assure operators are qualified and have the knowledge and ability to properly operate and maintain public water systems.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2628
PUBLIC HEARING: May 12, 2004 at 161 Capitol Street, Augusta, ME 9:00 to 10:00 a.m.
DEADLINE FOR COMMENTS: May 25, 2004
AGENCY CONTACT PERSON
NAME: Teresa L. Trott
ADDRESS: 11 State House Station, Augusta, ME 04333-0011
PHONE: (207) 287-7485
TTY:(207) 287-2070


AGENCY: 10-148 - Department of Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Child Care Facilities
PROPOSED RULE NUMBER: 2004-P99
CONCISE SUMMARY The proposed rules revise the "Rules for the Licensing of Child Care Facilities". Revisions have been made to rules for staff to child ratios and group sizes and to the definition for "group".
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, Ch. 1661, 7701, 7702-A, 7703, Ch. 1663, 7801, 7802, 7804,7805, 7806, Ch. 1673, 8301-A, 8302-A, 8302-B, 8303-A, 8304-A, Ch. 1675.
PUBLIC HEARINGS:
May 11, 2004, 1:00 p.m., Jewett Auditorium, Southern Maine Community College, Fort Road, South Portland, ME
May 12, 2004, 1:00 p.m., Schoodic Hall-Matthew Auditorium, Eastern Maine Community College, 354 Hogan Road, Bangor, ME
May 13, 2004 1:00 p.m., DHS Building - 442 Civic Center Drive, Augusta, Maine
DEADLINE FOR COMMENTS: May 28, 2004
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5060
TTD: (207) 624-5048


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. III Section 28, Principles of Reimbursement for Early and Periodic Screening, Diagnosis, and Treatment Agency Services.
PROPOSED RULE NUMBER: 2004-P100
CONCISE SUMMARY: The Department is proposing the repeal of this Section as the Department no longer contracts with agencies for these services.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 24, 2004
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Ch. 4.03(C), Antlerless Deer Hunting Restrictions PROPOSED RULE NUMBER: 2004-P101
CONCISE SUMMARY: In accordance with Title 12, MRSA, Section 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2004 regular and special muzzleloading deer hunting seasons. This proposal will establish specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:

  WMD 1 - 0 75 permits
WMD 2 - 0 75 permits
WMD 3 - 0 permits
WMD 4 - 100 150 permits
WMD 5 - 0 175 permits
WMD 6 - 0 permits
WMD 7 - 750 975 permits
WMD 8 - 650 875 permits
WMD 9 - 300 350 permits
WMD 10 - 300 200 permits
WMD 11 - 0 100 permits
WMD 12 - 1,900 1,800 permits
WMD 13 - 1,900 2,025 permits
WMD 14 - 400 450 permits
WMD 15 - 3,550 3,800 permits
WMD 16 - 6,500 7,525 permits
WMD 17 - 15,450 15,225 permits
WMD 18 - 200 400 permits
WMD 19 - 0 permits
WMD 20 - 4,500 4,400 permits
WMD 21 - 4,100 4,650 permits
WMD 22 - 5,350 6,600 permits
WMD 23 - 15,550 12,825 permits
WMD 24 - 3,500 3,400 permits
WMD 25 - 3,500 4,550 permits
WMD 26 - 3,250 4,275 permits
WMD 27 - 0 50 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 850 permits
TOTAL - 72,600 75,800

RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Ch. 4.03(I), Deer Hunting - Open and Closed Season
PROPOSED RULE NUMBER: 2004-P102
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to open Swan's Island in the Town of Swan's Island, Hancock County, to the hunting of deer during any open deer-hunting season. All other laws and rules relating to deer hunting shall apply.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 21, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 410, Retirees Returning to Employment after Retirement with the Same Employer
ADOPTED RULE NUMBER: 2004-117
CONCISE SUMMARY: The rule sets forth how the MSRS is to interpret and apply State law in compliance with Federal laws and regulations in the area of payment of retirement benefits to MSRS retirees who have returned to employment with MSRS employers and have not yet reached their Normal Retirement Age. The rule does the following- (1) Establishes May 3, 2004 as the effective date of the rule; (2) Establishes a waiver that must be executed by each retiree to acknowledge that no future accruals of service credit or increase in earnable compensation will result if the retiree returns to employment; (3) Establishes the requirements that must be met in order for a bona fide termination from employment to have occurred such that a retirement benefit can be paid to a below-normal-retirement age retiree; (4) Provides the following for retirees who retire after the effective date of the rule: a) the suspension of service retirement benefits when a retiree who is below normal retirement age returns to employment with the same employer, b) an exclusion from the benefit suspension provision of the rule for retirees who request a service retirement benefits estimate no later than May 3, 2004, and whose retirement is effective no later than July 1, 2004, c) the resumption of benefits when the retiree again terminates employment or becomes normal retirement age, d) an actuarial adjustment of the benefits to reflect the time during which benefits were suspended; (5) Provides an exclusion from the benefit suspension provision of the rule for retirees who return to employment on an intermittent, on-call basis or in a non-permanent, interim assignment or appointment; (6) Establishes certification and reporting requirements for retirees who return to employment and for employers that hire retirees who are returning to employment; and (7) Establishes penalties for retirees and employers who fail to comply with the provisions of the rule.
EFFECTIVE DATE: April 17, 2004
AGENCY CONTACT PERSON: Gail Drake Wright
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or (800) 451-9800


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2004-118
CONCISE SUMMARY: These final rules permanently adopt two separate emergency rulemakings for Pharmacy Services. The first emergency rulemaking, effective January 1, 2004, allows pharmacy providers to dispense and be reimbursed for certain asthma supplies that were not available from Durable Medical Equipment providers in all areas of the State. The second emergency rulemaking, effective February 3, 2004, reduces reimbursement for pharmacy
providers from AWP - 13% to AWP - 15% for brand name drugs.
See www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: April 18, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Final Rule - Ch. 101, MaineCare Benefits Manual: Ch. II Section 94, Prevention, Health Promotion, and Optional Treatment Services. Replaces Ch. V Section 2.
ADOPTED RULE NUMBER: 2004-119
CONCISE SUMMARY: This final rule includes revisions as follows: (1) adoption of the name Prevention, Health Promotion and Optional Treatment Services to replace EPSDT; (2) removal of family planning agencies as providers of Bright Futures Health assessment visits as described in 94.03-1; (3) elimination of payment for analysis of soil, water or dust to determine lead content; (4) elimination of enhanced payment to Federally Qualified Health Centers and Rural Health Clinics for completing and submitting Bright Futures forms;. and (5) removal of provisions already addressed in the MaineCare Benefits Manual, Ch. 1, General Administrative Policies and Procedures.
Elimination of the enhanced payment to the Federally Qualified Health Centers and Rural Health Clinics was adopted via emergency rule effective January 22, 2004.
Ch. II Section 94 replaces Ch. V Section 2, Early and Periodic Screening, Diagnosis and Treatment Services (EPSDT) which is deleted.
EFFECTIVE DATE: April 20, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Department of Human Services, Bureau of Medical Services, Division of Policy and Provider Services, 11 State House Station, 442 Civic Center Drive, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9370 or (800) 321-5557
TTY: (800) 423-4331 or (207) 287-4828 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Maine Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 360, Responsibilities of Manufacturers, Distributors, Dealers and Redemption Centers under the Returnable Beverage Container Law
ADOPTED RULE NUMBER: 2004-120
CONCISE SUMMARY: This rule is being proposed to update and consolidate existing rules. The 120th Maine Legislature directed the Department of Agriculture, Food and Rural Resources to promulgate rules pertaining to licensing of Redemption Centers, Initiators of Deposit and Contracted Agents, also to promulgate rules to provide for the registration of returnable beverage container labels and the operation of Reverse Vending Machines. This rule is proposed to meet those requirements.
This rule is currently and will continue to be implemented by the Department of Agriculture, Food & Rural Resources. Passage of the changes to this rule will provide funding for increased enforcement of Maine's Returnable Container Law as specified by the 120th Maine Legislature. Provide for the development of a database of all beverage container labels that are registered and thus allowed for sale in the State of Maine. This database will provide easy access to information needed by Redemption Centers, Retailers, Distributors, Contracted Agents, and Department personnel. This rule also clarifies the operation of Reverse Vending Machines, codifies minimum requirements under which they must perform, and identifies who will enforce these requirements.
EFFECTIVE DATE: May 15, 2004
AGENCY CONTACT PERSON: David E. Gagnon
AGENCY NAME: Division of Quality Assurance & Regulations
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


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